Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80678 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80678 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:138501-DB Court No. - 3 Case :- WRIT - C No. - 26191 of 2025 Petitioner :- Alok Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ayank Mishra,Varun Dev Sharma Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel appearing on behalf of the parties.
2. In the present writ petition following prayers have been made by the petitioner:-
"(i) a writ, order or direction in the nature of Certiorari to quash the impugned recovery notice dated 24.06.2025 issued by respondent no.3 (Annexure-1 to writ petition); (ii) A writ order or direction in the nature of Mandamus directing the respondent decide the representation 22.04.2025 (Annexure-5) filed by petitioner before him."
3. Upon perusal of the record it appears that recovery notice dated June 24, 2025 has been issued by the Tehsildar on the request made by respondent nos.4 and 5. It further appears that the said request was made on the basis of provisional assessment done by the authorities and not on the basis of final assessment.
4. In light of the same, impugned recovery notice dated June 24, 2025 is quashed and set aside with direction upon the petitioner to file his objection within 15 days before the authority concerned. Subsequent to 15 days an opportunity of hearing should be granted to the petitioner, and thereafter, final assessment order shall be passed in accordance with law.
5. With the above directions, the writ petition is disposed of. Order Date :- 13.8.2025 Dev (Praveen Kumar Giri J.) (Shekhar B. Saraf, J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad